TU and others – CJEU Judgment (Germany, 2022)
CJEU judgment — not a DPA enforcement action
This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.
The Court of Justice of the European Union ruled on a case about Google's refusal to remove links to articles about two investment company directors. The court highlighted the need to balance data protection rights with freedom of expression. This case is important for understanding how search engines handle requests to remove content.
What happened
Google refused to remove links to articles about two investment company directors from its search results.
Who was affected
The directors of investment companies, TU and RE, who were featured in news articles accessible through Google searches.
What the authority found
The Court of Justice ruled that search engines must balance the right to data protection with freedom of expression when handling de-referencing requests.
Why this matters
This ruling clarifies how search engines like Google should handle requests to remove links, especially when the content's accuracy is disputed. It emphasizes the need for a careful balance between privacy rights and freedom of expression, impacting how online content is managed.
TU and RE were directors and shareholders of investment companies. Three articles were published in the news criticizing their companies and showing pictures of TU and RE suggesting a luxury lifestyle. These articles were accessible upon research of their names in Google. TU and RE requested Google, as controller to de-reference the links to the articles from the list of search results when researching their names. Google refused to comply with this request. TU and RE therefore brought an action with the Landgericht Köln (Regional Court Cologne) to have the Court order Google to de-reference. They argued among other things that the articles contained inaccurate claims and defamatory opinions. After the dismissal of their action in first instance, TU and RE filed an appeal with the Oberlandesgericht Köln (Higher Regional Court Cologne). This appeal was also dismissed. TU and RE appealed this second decision with the Bundesgerichtshof (Federal Court) which referred two questions to the CJEU. Oskar J. GstreinThe Right to be Forgotten in 2022, 20 December 2022, available on https://verfassungsblog.de/rtbf-2022/ summarized these questions as follows : # "How should courts handle requests for de-referencing in cases where applicants claim that the information presented by a news outlet are inaccurate, and in which the legality of the publication depends on whether the claims are factually true? # Is there an obligation of search engine providers such as Google to delete thumbnails from search engine results, even if the results contain a link to the original source?" For the first question, the Court explained that the processing by the search engine (in this case Google) constitutes a processing of personal data and must be distinguished from the publication on the website. The Court then recalled that the right to data protection is not absolute and must be balanced with the right to freedom of expression. In this context, the Court held that it is to the person req
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
Related Cases (0)
No other cases found for TU and others in DE
This is the only recorded case for this entity in this jurisdiction.
Details
Judgment Date
8 December 2022
Authority
Court of Justice of the European Union
GDPRhub ID
gdprhub-cjeu-4184About this data
Cite as: Cookie Fines. TU and others - Germany (2022). Retrieved from cookiefines.eu
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